Joint mortgage ex partner wont pay

cattysmum

Any advice welcome, In short, Son split from ex partner (her fault) have shared ownership house with joint mortgage and joint rental agreement. She refuses to pay her share of mortgage and rent, Son now has baby with new partner and has to support her and new baby and cannot afford to pay the full amount on a now empty house What to do??? Can he insist legally that she pays half??

This is an update of my last post similar subject, Ex now says GF can move in but DS told her to stick it and wants rid of the property.

opinions4u

cattysmum wrote: »

Any advice welcome, In short, Son split from ex partner (her fault)

Makes no difference.

have shared ownership house with joint mortgage and joint rental agreement. She refuses to pay her share of mortgage and rent,

She is jointly liable for the whole commitment. He is jointly liable for the whole commitment.

If she doesn't pay anything, the lender can insist he pays it all. And the same applies the other way round.

Son now has baby with new partner and has to support her and new baby and cannot afford to pay the full amount on a now empty house What to do???

Sell it? Live in it? The domestic circumstances matter not a jot to the lender.

Can he insist legally that she pays half??

Legally nobody can insist she pays anything and make her pay. The lender can insist that the pair of them combined meet the commitment they signed up to, but even then it doesn't compel anybody to pay. Any missed payments, late payments etc will show on both credit files for 6 years. If the lender takes possession of the property, which they will inevitably will unless this pair wake up to their responsibilities, then that will blight their individual abilities to obtain credit for over a decade.

Me? If I was on either side of the equation I'd get the place on the market and find a way of getting both parties to pay half each.

It's a mess. They need to be grown up about it and sort it.

cattysmum

opinions4u wrote: »

Makes no difference.

She is jointly liable for the whole commitment. He is jointly liable for the whole commitment.

If she doesn't pay anything, the lender can insist he pays it all. And the same applies the other way round.

Sell it? Live in it? The domestic circumstances matter not a jot to the lender.

Legally nobody can insist she pays anything and make her pay. The lender can insist that the pair of them combined meet the commitment they signed up to, but even then it doesn't compel anybody to pay. Any missed payments, late payments etc will show on both credit files for 6 years. If the lender takes possession of the property, which they will inevitably will unless this pair wake up to their responsibilities, then that will blight their individual abilities to obtain credit for over a decade.

Me? If I was on either side of the equation I'd get the place on the market and find a way of getting both parties to pay half each.

It's a mess. They need to be grown up about it and sort it.

Thanks for that, at the moment DS is paying everything as she wont pay, although she is well able to he is caught between a rock and a hard place.

immoral_angeluk

If he's paying everything already why does he move back into it and then seek a solicitor's advice about getting her off the mortgage/deeds?

cattysmum

immoral_angeluk wrote: »

If he's paying everything already why does he move back into it and then seek a solicitor's advice about getting her off the mortgage/deeds?

He has tried that but he does not earn enough money to take over the mortgage as a lone borrower (when they got the mortgage it was based on both their incomes) according to nationwide even though he is paying it all himself at the moment!!!!!